Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

Referring also to its observation under the Convention, the Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session, and that it will contain full information on the following points:

1. The Committee notes that under current legislation children aged 13 and over can be employed (minimum age: 13); however, they are excluded from membership (minimum age: 15) and participation in the Board of a Trade Union (minimum age: 20). The Commitee considers that children who are considered as adult enough to work, should also be considered as adult enough to become members of trade unions. The Committee requests the Government to provide information on any discussions with trade unions to this effect and on any measures envisaged or adopted.

2. The Committee notes from the report by the direct contacts mission that many children work excessive hours and that overtime work is usual in addition to the already long working time.

The Committee would appreciate receiving information on any steps taken with a view to guaranteeing that overtime work is voluntary and to limiting the number of hours which a child can be asked to work.

3. The Committee notes that a study on subcontracting is being prepared with the financial support of UNDP.

The Committee requests the Government to provide a copy of that study when finalized.

4. In its previous comments the Committee referred to section 39 of the Local Administration Act, BE 2457 (1914), under which a Kamnan is empowered to requisition persons for compulsory service as guides, porters, etc., and which is therefore not in conformity with the Convention. The Government indicated in 1978 that the legislation in question had no practical application and action had been initiated to repeal and revise it.

The Committee hopes that the Government will provide information on any steps taken to repeal the provision in question which, according to the Government, is no longer applied in practice.

5. In its previous comments the Committee also referred to sections 60, 96, 115, 117 and 118 of the Local Administrative Act under which labour may be called upon, inter alia, for constructing dams, repairing canals and maintaining ways of communication by land or water. The Government has previously referred to emergency work executed after a natural calamity and has indicated that compulsory rehabilitation services are provided in case of emergencies according to the requirements of each situation.

The Committee noted however that the scope of the above-mentioned sections of the Local Administration Act was not limited to emergency work. The Committee referred to paragraphs 36 and 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour where it stated that the concept of emergency involved a "sudden, unforeseen happening" calling for instant counter-measures; the duration and extent of compulsory service as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

The Committee would again request the Government to provide information on measures taken or envisaged to clearly lay down in the legislation that the power to call up labour is limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population. The Committee hopes that the Government will provide information on any steps envisaged or taken in this regard.

6. The Committee noted in previous comments that under article 56 of the Constitution it is usual for the armed forces to be involved in community development works of construction, irrigation, clearing canals and digging wells to help people occasionally and in cooperation with local people in rural areas and that these works are done voluntarily.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, under which only military service limited to work of a purely military character is not included in the scope of the Convention.

Since article 56 of the Constitution provides for the use of the armed forces for development purposes, the Committee again requests the Government to supply more detailed information on the composition and activities of the development division of the armed forces.

7. Referring to its previous comments, the Committee again expresses the hope that the Government will provide a copy of the provisions governing resignation by members of the armed forces.